T & C's

These Terms & Conditions apply to purchases made through the H2o Kayaks website, by telephone, email or by any other method agreed with H2o Kayaks.

Please read these Terms & Conditions carefully before placing an order. By placing an order, you confirm that you have read and understood the terms that apply to your purchase.

Different legal rights may apply depending on whether you are purchasing as a consumer or as a business. Nothing in these Terms & Conditions affects any statutory rights that cannot legally be excluded or restricted.

Website: h2okayaks.com

Contact:

Email: info@h2okayaks.com

Mobile: 07813 616197

In these Terms & Conditions, “H2o Kayaks”, “we”, “us” and “our” refer to H2o Kayaks.

“You” and “your” refer to the person or organisation placing an order with us.

You are a consumer if you are purchasing mainly for personal use and not for purposes connected with your trade, business, craft or profession.

You are a business customer if you are purchasing for business, commercial or professional purposes.

If you are purchasing on behalf of a business, you confirm that you have authority to enter into the contract on behalf of that business.

Where these Terms & Conditions provide different provisions for consumers and business customers, the relevant provisions will apply according to your status.

We take reasonable care to ensure that product descriptions, photographs, specifications and prices displayed on our website are accurate.

However:

Where a product description states that an item or accessory is included, this will form part of the product specification.

If we discover a significant error in the description, specification or price of a product you have ordered, we will contact you before processing the order where reasonably possible.

All prices displayed on our website are in pounds sterling (£).

Delivery charges, where applicable, will be displayed before you complete your purchase.

We reserve the right to change prices at any time. A price change will not affect an order that we have already accepted, except where an obvious pricing error has occurred.

When you place an order through our website, you are making an offer to purchase the products selected by you.

You will normally receive an acknowledgement confirming that we have received your order.

This acknowledgement does not necessarily mean that your order has been accepted.

A contract is formed when we confirm that your order has been accepted and/or dispatch the products, unless we tell you otherwise.

We reserve the right to refuse or cancel an order where, for example:

If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled order.

Payment must be made using one of the payment methods made available at checkout or otherwise agreed with us.

Payment must be authorised before an order is processed unless we have agreed credit terms with you.

We may use third-party payment providers to process payments.

For business customers who have agreed credit terms with H2o Kayaks, invoices must be paid within the agreed payment period.

We reserve the right to suspend further orders or services where an account is overdue.

We will provide an estimated delivery period at the time of ordering where possible.

Delivery dates and times are estimates unless we have specifically agreed a guaranteed delivery date in writing.

Some products may require specialist delivery arrangements due to their size, weight or dimensions.

You must provide accurate delivery information and ensure that someone is available to receive the goods where required.

If you provide an incorrect address or fail to make reasonable arrangements to receive the goods, additional delivery charges may apply.

For larger items, you may need to ensure that there is suitable access to the delivery location.

When your order arrives, you should inspect the packaging and products as soon as reasonably possible.

If the packaging appears damaged, please photograph the packaging before opening it where practical.

If products have been damaged during delivery, contact us as soon as possible and provide photographs and details of the damage.

Consumers retain all statutory rights relating to goods that are faulty, damaged or not as described.

Business customers should notify us of apparent damage or shortages within a reasonable period after delivery and, where possible, before the products are used.

For consumer purchases, responsibility for the goods will generally pass to you when you, or a person nominated by you, physically receives them, subject to your statutory rights.

For business customers, unless otherwise agreed in writing, risk in the goods passes to the business customer when the goods are delivered to the agreed delivery location or otherwise made available in accordance with the agreed delivery arrangements.

Ownership of goods remains with H2o Kayaks until we have received full payment for those goods.

For business customers purchasing on credit, ownership will not pass until all amounts due to us in respect of the relevant goods have been paid in full.

If you are a consumer purchasing goods online or by another distance-selling method, you will normally have a legal right to cancel your order within 14 days after receiving the goods, subject to the legal exceptions that apply.

You then normally have a further 14 days to return the goods after telling us that you wish to cancel.

You can exercise your cancellation right by contacting us clearly stating that you wish to cancel your contract.

You may use the model cancellation wording in Section 11, although you do not have to use it.

The statutory cancellation right does not apply to certain types of goods or contracts, including where the law provides an exception.

If an exception applies to a particular product, we will provide appropriate information before or at the time of purchase.

If you wish to cancel a consumer distance contract, you may use the following wording:

I hereby give notice that I wish to cancel my contract for the following goods:

Signature: __________________
(only required if this form is sent on paper)

Date: __________________

Please send cancellation requests to:

Email: info@h2okayaks.com

Where you exercise your statutory cancellation right, you are responsible for returning the goods unless we have agreed otherwise.

You must take reasonable care of the goods while they are in your possession.

Goods should be returned with all relevant accessories and, where reasonably possible, their original packaging.

You may be responsible for any reduction in the value of the goods caused by handling beyond what is reasonably necessary to establish their nature, characteristics and functionality.

Because kayaks and other large products can be expensive or impractical to return using ordinary postal services, we may arrange or agree a suitable return method with you.

Where the law requires us to do so, we will reimburse the standard outbound delivery charge paid by you. We are not required to reimburse additional costs resulting from your choice of a more expensive delivery service.

If goods are faulty, damaged, not as described or otherwise do not conform to the contract, please contact us as soon as possible.

Consumer customers have legal rights under the Consumer Rights Act 2015. These rights may include rights to repair, replacement, price reduction or rejection of goods, depending on the circumstances and the applicable legal requirements.

Nothing in these Terms & Conditions limits or removes those statutory rights.

Business customers should contact us promptly if goods are defective, damaged or incorrectly supplied.

We will assess the issue and, where appropriate, arrange repair, replacement, credit or another appropriate remedy in accordance with the contract and applicable law.

For consumer orders, statutory cancellation rights apply as described above.

For business customers, unwanted goods cannot normally be returned unless we have agreed to accept the return in advance.

Where we agree to accept a business return, we may apply reasonable return, handling or restocking charges, provided these have been agreed or are otherwise permitted by the applicable contract.

Some products may be supplied with a manufacturer's warranty or guarantee.

Where applicable, details will be provided with the product or on the relevant product information.

A manufacturer's warranty or guarantee is in addition to, and does not replace, your statutory rights.

Warranty coverage may be subject to the manufacturer's terms, including requirements relating to correct use, maintenance and installation.

Damage caused by misuse, accident, unauthorised modification, improper storage or failure to follow the manufacturer's instructions may not be covered.

Kayaks, paddles, personal flotation devices and associated equipment and hardware must be used responsibly and in accordance with the manufacturer's instructions.

You are responsible for ensuring that equipment is suitable for the intended user, activity and conditions.

You should follow appropriate water-safety guidance and use suitable safety equipment.

H2o Kayaks does not accept responsibility for injury, loss or damage resulting from improper use of products, failure to follow safety instructions or use outside the manufacturer's intended purpose, except where liability cannot legally be excluded or limited.

Business customers are responsible for assessing whether products are suitable for their intended commercial use.

If products are being purchased for hire, instruction, rental, commercial activity or use by third parties, the business customer is responsible for ensuring that appropriate risk assessments, training, supervision, insurance and safety procedures are in place.

Any specific commercial requirements should be discussed with H2o Kayaks before purchase.

Nothing in these Terms & Conditions excludes or limits liability where it would be unlawful to do so.

For business customers, subject to the preceding paragraph, H2o Kayaks will not be liable for:

Our total liability to a business customer arising from a particular order will not exceed the amount paid or payable for the relevant products, unless otherwise agreed in writing.

These limitations do not apply where prohibited by law.

Nothing in these Terms & Conditions limits or excludes any liability that cannot legally be limited or excluded.

This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that the law does not permit us to exclude.

Your statutory consumer rights are not affected.

You may use our website for lawful purposes only.

You must not:

We may suspend or restrict access to the website where reasonably necessary to protect our business, customers or website.

The content of the H2o Kayaks website, including text, photographs, graphics, logos, product information and other material, is owned by or licensed to H2o Kayaks or the relevant rights holder.

You may view and use the website for your personal or legitimate business purchasing purposes.

You must not reproduce, distribute, modify or commercially exploit website content without our prior written permission, unless permitted by law.

We cannot guarantee that every product shown on the website will always be available.

If a product becomes unavailable after you place an order, we will contact you and, where appropriate, offer an alternative, revised delivery arrangement or refund.

We will not be responsible for delay or failure to perform our obligations where this is caused by circumstances beyond our reasonable control.

These circumstances may include, for example:

This section does not affect your statutory consumer rights.

We process personal information in accordance with our Privacy Policy.

Our Privacy Policy explains what information we collect, why we collect it, how we use it and your rights in relation to your personal information.

If you have a complaint about an order, product or service, please contact us first so that we have the opportunity to resolve the matter.

You can contact us at:

Email: info@h2okayaks.com
Telephone:07813616197

We will aim to deal with complaints fairly and within a reasonable period.

Where H2o Kayaks has agreed specific trading terms, prices, delivery arrangements or credit facilities with a business customer, those written terms will apply in addition to these Terms & Conditions.

If there is a conflict between these Terms & Conditions and a specific written agreement signed or accepted by H2o Kayaks, the specific agreement will take precedence to the extent of the conflict.

These Terms & Conditions are governed by the law of England and Wales.

If you are a consumer living in another part of the United Kingdom, you may also have the benefit of mandatory consumer protection laws applicable in your part of the UK.

Nothing in these Terms & Conditions prevents a consumer from relying on any mandatory rights or protections available to them under applicable law.

We may update these Terms & Conditions from time to time.

The version applying to your purchase will normally be the version in force at the time your order is accepted, unless a change is required by law or otherwise agreed with you.

The latest version will be published on the H2o Kayaks website.

Website: h2okayaks.com
Email: info@h2okayaks.com

Mobile: 07813 616197